In Texas, employees have the right to resign from employment and go into business in competition with their employers (absent a non-compete agreement). There is nothing legally wrong in engaging in such competition or in preparing to compete before the employment terminates. Thus, as…
Category: Employment Agreements in Texas, Non-Compete Agreements, Non-Compete Agreements in Texas, Non-Solicitation Agreements, Non-Solicitation Agreements in Texas, Texas Business Law, Texas Legal NewsTags: Dallas non-compete lawyer, Enforcing non-compete agreements in Texas, Non-compete injunction, non-compete temporary restraining order, social media non-compete, Texas Non-Compete Agreements, Texas non-compete lawyer, Texas noncompete law
When contractual language is not clear, a lot of times, the court will look at the intent of the parties in entering into the contract and analyze the entire contract to make sure that its interpretation of the disputed clause does not contradict or render other parts of the contract meaningless.
A lot of times a company rushes to court asking the judge to stop a former employee or his new employer from using the company’s confidential information or soliciting its customers based on the agreements that the former employee had signed with the company.
Category: Confidentiality Agreements in Texas, Intellectual Property Disputes, Non-Compete Agreements in Texas, Non-Solicitation Agreements in Texas, Texas Business Law, Texas Employment Law, Texas Legal News, Trade SecretsTags: Dallas Non Compete Attorney, Dallas Non-Solicit Attorney, Obtaining a temporary injunction in Texas, Temporary injunction in Texas, Texas non compete law, Texas Non-Compete Agreements, Texas non-solicitation agreements, unfair competition in Texas
While most of my blog posts relate to non-compete and trade secrets issues, I do blog about general commercial and employment issues as well since I have a broad employment and business litigation practice. According to you, here’s the top five posts in 2016:…
A “list of actual or potential customers or suppliers” of a company qualifies as a trade secret as long as: (1) its owner, i.e. the company, took reasonable measures to keep it secret and (2) the list has an economic value because it is not generally known and cannot be easily determined by another person.
Category: Texas Business Law, Texas Employment Law, Trade SecretsTags: client lists as trade secrets, How to protect trade secrets, recovering stolen trade secrets, Stolen trade secrets, Texas Uniform Trade Secrets Act, Trade secrets attorney in Dallas, trade secrets misappropriation, Trade Secrets Protection, trade secrets theft in Texas
Before pleading a Texas Theft Liability Act claim against an employee for stealing the company’s data, information, documents, or other property, the company should make sure that there is at least some evidence of the employee’s intent to deprive the company of its property.
Category: Confidentiality Agreements in Texas, Intellectual Property Disputes, Texas Business Law, Texas Employment Law, Trade SecretsTags: Stolen trade secrets, Texas Noncompete Enforcement, Theft of Confidential Information, Theft of Trade Secrets, Trade secrets attorney in Dallas, Trade Secrets Litigation, Trade Secrets Litigation in Texas, trade secrets misappropriation, Trade secrets theft, Uniform Trade Secrets Act
While an arbitration may generally provide a faster, cheaper, and more confidential route for resolving a noncompete dispute than litigation, it can be an inferior process when it comes to obtaining a temporary injunction in a situation where time is of the essence.
Category: Arbitration Agreements in Texas, Non-Compete Agreements, Non-Compete Agreements in Texas, Non-Solicitation Agreements, Non-Solicitation Agreements in Texas, Texas Business Law, Texas Employment LawTags: Texas noncompete agreements, Texas noncompete attorney, Texas Noncompete Enforcement, Texas noncompete law, Texas noncompete lawyer
In my practice, I see this scenario all the time: an employee leaves to work for a competitor, the employer realizes that its non-disclosure (NDA) or non-compete agreement was inadequate to protect it from what just happened, so the company rolls out a new…
Category: Breach of Contract, Confidentiality Agreements in Texas, Non-Compete Agreements in Texas, Texas Business Law, Texas Legal News, Trade SecretsTags: breach of confidentiality agreements, enforcing a nondisclosure agreement, NDAs in Texas, nondisclosure agreements, nondisclosure agreements in Texas, Trade secrets theft
Texas’ recent amendments to its trade secrets statute made it the most comprehensive and modern statute in the nation. It is the only statute in the nation that addresses when a competitor can be excluded from the courtroom to prevent disclosure of trade secrets during the lawsuit.
In this state, the consideration must have a “reasonable relationship” to the employer’s interest in restraining the employee from competing. Simply restricting an employee from lawful competition for the sake of preventing competition will almost certainly fail.